GOHAR AMAN vs SHAH NAZIM S — 2022 MLD 1583 Gilgit-Baltistan Chief Court

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GOHAR AMAN VS SHAH NAZIM S.11---Res judicata-----Essential conditions---Principle of estoppel----Scope---Rule of res judicata was based on the consideration that same cause should not be tried for the second time between the same parties and there must be the end of litigation between the parties---Cause of action in a suit merged in the judgement---No second suit could be filed on the basis of same cause of action unless it was recurring in nature---Essential condition required to be fulfilled to establish the plea of res judicata would be that matter in issue and the material point in dispute between the parties in the earlier litigation was directly and substantially in issue in subsequent litigation----Such was essential to show that earlier decision in matter was based on proper adjudication on the relevant issue either of law or fact or mixed issue of law and fact---Decision on an issue of fact based on evidence and decision on issue of law on the basis of set of facts directly and substantially by a competent Court is certainly res judicata---Adjudication on question of law or fact or mixed question of law and fact on the basis of established set of facts and determination of such question in judgement would essentially be res judicata---Court shall not try a suit or issue involving a matter no longer open to contest ,either on question of law or fact by reason of an earlier decision if the matter in issue in the subsequent suit directly and substantially was the same which was involved in earlier litigation---In the present case, parties of previous suit and the present suit were same, Property which was involved in between the parties was also same and claim of ownership of petitioner/plaintiff had been decided in pervious suit---Present petitioner failed to prove his contention in pervious suit before competent court and had not even filed appeal when the material issue of ownership was decided against petitioner---Principle of estoppel also applied---Petitioner/plaintiff couldn't resile from the admissions made during his deposition before Trial Court while recording statement on oath during the proceedings of previous suit---Civil revision was dismissed.

GOHAR AMAN vs SHAH NAZIM S — 2022 MLD 1583 Gilgit-Baltistan Chief Court

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